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BUSINESS OF PRODUCING Course: MKTG-GB.2116.30

Spring 2019 Professor: Peter Newman Email: [email protected]

Location: KMC 5-80

Teaching Assistant: Kristian King Email: [email protected]

COURSE BACKGROUND

This specialized EMT course is a “soup to nuts” examination of what means to be an independent and producer. Through real life experiences it looks into what makes film and TV such unique businesses.

The course will take a close look at the inevitable battles between commerce and art. It will focus on identifying the factors of risk versus reward in selecting projects, and seeing them to fruition.

As potential entrepreneurial producers, the class will study techniques in leveraging limited amounts of time and capital into maximum results; while attempting to balance unbridled optimism against sensible business logic.

COURSE OBJECTIVES

- Understand the role and responsibilities of being an independent producer.

- Establishing a way of judging the artistic merit and economic possibilities of a project at various stages from to completion.

- To learn the infrastructures of companies in the entertainment industry, and to understand how to effectively work within them to successfully produce content.

- To examine morality in the film business. How to balance one’s personal values and quality of life in a difficult business environment - What are a producer’s objectives, and how is one willing to behave to get them achieved? COURSE REQUIREMENTS

1 Class participation will be extremely important, since much of the study of the role of the producer will be obtained from specific lectures, articles, assignments, clips, some selected texts, and experienced guest speakers.

GRADING The class will be graded on the basis: Class Participation 30% Paper/Presentation 70%

Instructor Policies: Lateness:

Late assignments are not accepted. If you miss any assignment deadlines, i.e., at the start of a class period on the due date, you forfeit a grade on that assignment.

Absences/tardiness will lower your class participation grade significantly.

Class Preparation:

Topics for each lecture are identified in the syllabus. It is critical that you do the assigned reading for the week in advance of the lecture since that session will build on the reading material. It is recommended that when you are preparing for the class, read the assigned chapter(s) from the text.

Class Participation:

You will be evaluated on class participation by both the professor and lecturers. It is pertinent we learn your names for fair grading and interpersonal interaction. Do be sure to complete the information sheet. In addition, you are encouraged to create and use nameplates in each session.

Please contribute to class sessions. This is meant to be a dialogue, not a monologue. Be ready to disagree with others and develop your own position, and engage others (rather than just the professor) in lively discussion.

In a good class session, the majority of the learning comes from each attempting to understand the issues, limitation of theory, case problems, alternatives, etc. If successful, your increased insights and understanding will come from within and from your interactions with one another rather than from the instructor. Please continue with the reading assignments as scheduled regardless of whether the class activities at times fall behind schedule.

REQUIRED READING

2 : Financing & Distributing Independent , by Mark Litwak, 2nd edition, published by Hampstead Enterprises

RECOMMENDED READING Although there is no required textbook for this course, it is suggested that students acquire the recommended textbook. Each week, students will be referred to sections in the recommended text that address the topics discussed in class. This reading is optional.

The Movie Business Book, Third Edition By: Jason E. Squire Publisher: Simon & Schuster (Fireside edition)

Students are encouraged to staying up to date with industry news. A convenient way of doing so is by visiting the following sites on a regular basis: 1. www.deadline.com/hollywood/ (Nikki Finke XXX) 2. www.variety.com 3. www.hollywoodreporter.com 4. http://www.thewrap.com/ 5. www.indiewire.com (Link to Anne Thompson) 6. http://blogs.indiewire.com/sydneylevine/ 7. www.studiosystemnews.com 8. www.moviecitynews.com (David Poland) 9. www.imdb.com 10. www.imdbpro.com 11. www.filmfreeway.com 12. www.ease.com 13. http://www.thelocationguide.com 14. http://www.ep.com/ 15. http://screeninternational.com 16. www.HOLLYWOOD-ELSEWHERE.COM (Jeff Wells)

SUPPLEMENTARY READING

Bambi vs. Godzilla: On the Nature, Purpose, and Practice of the Movie Business By: Publisher: Pantheon

A Killer Life: How an Independent Survives Deals and Disasters in Hollywood and Beyond By: and Austin Bunn Publisher: Simon & Schuster

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Shooting to Kill By: Christine Vachon and David Edelstein Publisher: Harper Paperbacks; New Ed edition

What They Don't Teach You At : 161 Strategies to Making Your Own Movie No Matter What By: Camille Landau, Tiara White Publisher: Hyperion

The Producer's Survival Guide: A Business and Legal Sourcebook By: Gunnar Erickson, et al Publisher: Schirmer Trade Books (a division of the Music Sales Group)

Down and Dirty Pictures By: Peter Biskind Publisher: Simon & Schuster Paperbacks

Screen International, Wall Street Journal

Internet Sites: BoxOfficeMojo.com, Ain’tItCool.com, .com

4 PETER NEWMAN, Producer

PETER NEWMAN has established himself as one of the motion picture industry’s leading producers of quality entertainment. -based Peter Newman Productions has worked with some of the world’s most important filmmakers, including , , , , , and among its 30 films.

Most recently he produced ’s , which won the Best Writing and Directing Awards at the 2005 Sundance . THE SQUID AND THE WHALE which stars and , was a co- production with ’s American Empirical Pictures. It was nominated for six Spirit Awards, including Best Picture; three Golden Globes, including Best Film - Musical or Comedy; and received an Academy Award nomination for Best Original .

A former sportscaster, Newman began his road toward producing when he served as and host of the PBS special, MUHAMMED ALI: ONE MORE MIRACLE. He went on to produce documentary profiles of ballet dancers Gelsey Kirkland and Natalia Makarova before turning to feature in 1982 with Robert Altman’s BACK TO THE FIVE AND DIME, JIMMY DEAN, JIMMY DEAN. The film, which starred , Sandy Dennis, and Kathy Bates, was the grand prize winner of the Chicago International Film Festival.

Newman then moved into features full-time, serving either as producer or executive producer on numerous films including two-time Academy Award-winner Horton Foot’s “1918” and ON VALENTINE’S DAY, Jonathan Demme’s film of ’s , Harry ’s re-make of LORD OF THE FLIES, Altman’s O.C & STIGGS, Jay Russell’s END OF THE LINE, Anthony Drazin’s ZEBRAHEAD, the Sundance Filmmakers Trophy winner which he co-executive produced with , and John Sayle’s .

In 1989, Newman produced Nancy Savoca’s DOGFIGHT, a Warner Brothers release starring River Phoenix and . He then went on to produce Savoca’s HOUSEHOLD SAINTS for , starring Lili Taylor and Tracy Ullman, before collaborating with her again on THE 24 HOUR WOMAN.

With future partner Greg Johnson, Newman produced Wayne Wang’s film of Paul Auster’s SMOKE, starring and . SMOKE was the winner of three major awards at the 1995 Berlin Film Festival and was voted best film at the 1995 Locarno International Film Festival. Newman and Johnson also collaborated on Wang and Auster’s , the extemporaneously created companion piece to SMOKE, as well as the independent sci-fi comedy SPACE TRUCKERS, which premiered at the 1997 .

5 Among Newman’s other producing credits are Sara Kernochan’s ALL I WANNA DO, starring Kirsten Dunst and Rachel Leigh Cook (), and Paul Auster’s directorial debut , which premiered at the 1998 . Newman also produced on Wayne Wang’s theatrical feature, for Artisan, as well as ’s () INTERSTATE 60, featuring , and Michael J. Fox for 7 Arts. He was executive producer of Alfredo deVilla’s WASHINGTON HEIGHTS, which won the prize at the 2002 Film Festival. In conjunction with Crusader Entertainment, he produced THE GAME OF THEIR LIVES directed by David Anspaugh (HOOSIERS), which opened theatrically national-wide in April 2005.

Mr. Newman has been a featured speaker at the ’s Producers Conference in 1991 and 2005; as well as appearing on numerous film festival panels, including Cannes and New York. Additionally, he has lectured on the movie business at Yale, Columbia, and New York University. He is presently an adjunct professor at NYU in the Graduate Film program at Tisch, and the Graduate MBA program at Stern.

Peter Newman Productions, Inc. presently has over twelve projects in active development. He is currently preparing films based on the lives of Janis Joplin, Bill Veeck, and Strom Thurmond.

Newman lives in with his wife, Antonia and their three children. He is a graduate of Northwestern University.

6 WEEKLY CURRICULUM

1a. WEEK 1 Producing as an Entrepreneurial Venture – Doing It On Your Own: Introduction and Framework for course • Introduction to course and review of syllabus. Description of assignments. • Producing for the feature o What are the responsibilities of the independent producer? o How does that differ from being a “hired gun” at a studio? o What do credits mean and why are they so important? o The infrastructure of the film business o Studios vs. Independents: The blending of the boundaries o Personal war stories – what can go wrong for an independent producer • Form groups for team assignment

NOTE: Students are assigned readings before class and should be prepared for discussion. Required Reading: Articles TBA

Suggested Reading: Movie Business Book”, Squire Introduction, pg. 1 – 13 The Producer (Puttnam), pg. 14 - 24 The Independent Filmmaker (Jaglom) pg. 49 – 59

1b. The Development Process • Identifying ideas for film • The acquisition of underlying material – where to find it and how to get it • Life rights, sequels, English language remakes. The legal necessities • How creative ideas are worked into sellable properties • The feasibility of selling a

1b. Suggested Reading: Movie Business Book”, Squire The (Goldman) pg. 62 – 71 The Literary Agent (Rosenberg) pg. 73 – 82 The Story Editor (Kaufman) pg. 84- 97 2a. WEEK 2 Building the Foundation of a film project

• Attaching a director and to a project • Convincing artists to share the risk with financiers • Commerce vs. Art • Using deferrals as a budgetary device • The representation business - agents, managers, lawyers–facilitators or adversaries? • The transactional cost of putting a film together

7 • The difference between above-the-line and below-the-line fees

2a. Required Reading: ARTICLES TBA

Suggested Reading: “Movie Business Book”, Squire The Director (Pollack) pg. 25 - 38 My Movies (Brooks) pg. 39 – 48 (Tuchinsky) pg. 223 – 229

2b. Project Financing

• How to put a financial value on your project • Preparing a proper budget, for financing purposes • Sources of financing – Private Equity Investors, hedge funds, state tax incentives, gap financing • Pre-sales (foreign vs. domestic?) • The complexities of bank loans • Completion bonds, insurance (cast, production, E+O), etc.

2b. Required Reading: ARTICLES TBA

Suggested Reading: “Movie Business Book”, Squire (Dekom) pg. 102 -115 (Garey) pg. 118 – 127 (Grillo) pg. 233- 249 (Aft) pg. 459 – 481 (Gersk) pg. 484 – 496

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3a. WEEK 3 The Deal – Selling the film before shooting

• Creating a competitive sales environment • Who negotiates and makes the deal? • Who gets credit for the deal – the press release • Pitching a project to a studio • Production deal versus pick-up • Hollywood accounting • Risk vs. Reward

3a. Required Reading: ARTICLES TBA

Suggested Reading: “Movie Business Book”, Squire (Blum) pg. 334 -359 (Grogg) pg. 130 -137 (Vogel) pg. 139 – 146

3b. Production - A comprehensive analysis of the danger zones facing the producer

• Putting together a team – delineation of producer duties • The collaboration between producers and the director – who’s the boss • Choosing the proper department heads • Studio shooting versus locations • Union versus non-union crew • Watching the costs – hiring an accountant and payroll service • Post Production - the unpleasantries of completion and delivery • Music and other clearances • Satisfying the completion bonds • Computing deferrals and other obligations • Discussion Of Status And Evaluation Of Team Projects

3b. Required Reading: ARTICLES TBA

Suggested Reading: “Movie Business Book”, Squire (Fong) pg. 251 – 270 (Rudman) pg. 208 – 221

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4a. WEEK 4 Positioning the Completed Project for Sales to Distributors

• How to set-up a competitive environment for a second time • The use of Producer’s representatives, and film festivals • The anatomy of an acquisition deal • The dangers inherent in the terms and conditions in a film contract

4a. Required Reading: ARTICLES TBA

Suggested Reading: “Movie Business Book”, Squire (Montal) pg. 316 – 330

4b. Marketing and Distribution

• Press agents - The power and financial benefits of free publicity • How critics and publicists can aid or hinder marketing efforts • Test marketing and group research • The uncertainty of tracking • The power of the internet and alternative outreach • The financial risks of awards campaigns

4b. Required Reading: ARTICLES TBA

Suggested Reading: “Movie Business Book”, Squire (Friedman) pg. 284 – 299 (Yoder) pg. 301 – 314 (Fellman) pg. 363 – 373 (Berney) pg. 376 – 383

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5a. WEEK 5 Producing for Broadcast, Cable TV, and Video On-Demand

• How new technologies factor into the financing of creative content • New platforms for distribution and marketing • Creating and selling a reality tv series • Overall review of the role of the independent producer as entrepreneur, and look to see what the future holds. • TENTATIVE GUEST SPEAKER

5a. Required Reading: ARTICLES TBA

Suggested Reading: “Movie Business Book”, Squire (Dekoven) pg. 272 - 279 HANDOUTS: NY Times, 2/19/07 “Do They Still Want Their MTV” New Yorker, 1/8/07 “Big Pictures” (David Denby) Hollywood Reporter, 12/12/06 “New Media” New York Magazine, “Jayson Calcanis”

5b. Tying It All Together and Trying to Make Sense of the Business

• The “old boys club” vs. the “new way” of gaining entrance • What does a Graduate film degree mean? • What does an MBA degree mean in the film business? • Is it possible to run a sustainable and profitable business over a long period of time as a freestanding film producer? • The “survivors and winners”. How did they do it?

5b. Required Reading: ARTICLES TBA

Suggested Reading: “Movie Business Book”, Squire (Ochova) pg. 499 -529

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6 a / b WEEK 6 Evaluation of Completed Projects

• Review of team projects. 10 – 12 minute final presentations. • Written FINAL presentations due at end of class.

12 TEAM COURSE ASSIGNMENT - Choose collaborators after first break (4 or 5 to team)

Ultimate issue project must make artistic and commercial sense.

➢ Week 1: Find topic for feature film 1. Acquire story rights 2. Life rights vs. Public Domain 3. Sources - newspapers, magazine, or other media 4. English language remakes of foreign films 5. Studio remakes and sequels

➢ Week 2: Development Process –

I. Attach Writer 1. Appropriate for topic? 2. WGA or not? 3. Established or new? 4. Pay schedule? 5. Availability?

II. Secure development funding – (The high risk nature of development)

➢ Week 3:

I. Attachment of director 1. Appropriate for topic? 2. DGA or not? 3. Established or new? 4. Pay schedule? 5. Availability? 6. Ability to collaborate with producer/writer? 7. Financiability

II. Attachment of Actors (Hollywood Reporter value rankings) 1. Appropriate for role? 2. Probability of accepting? (must go one at a time) 3. Cost? 4. Financiability? 5. Availability?

➢ Mid-course status evaluation – Are you ready to be green-lit? If not, modifications and adjustments must be made.

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➢ Week 4: I. Budgeting and finance plan / Selling the deal 1. Equity versus pre-sales 2. Tax incentives 3. Crucial contractual deal points

II. Production Issues 1. Locations 2. Hiring department heads 3. Union versus non-union 4. Tax and other incentives

➢ Week 5: I. Selling the film 1. Film Festivals 2. Sales agents 3. Contracts 4. Delivery items

II. Positioning the film for theatrical release (or straight to DVD?)

➢ Week 6: Final Projects Due

14 INTRODUCTION AND DESCRIPTION OF TEAM WORK ASSIGNMENTS

70% of your grade in this course will be determined by your group assignments; the assignment is an ongoing, cumulative process that culminates with a pitch that covers all aspects of production of a full-length motion picture.

Groups will be comprised of between six and seven self-selected members. Each week, each group will submit an assignment based on recent topics covered in class. During the last class meeting, each group will present their finalized project. Assignment requirements will be discussed at length during each class meeting.

Weekly submission formatting guidelines: • Typed • Two - three pages in length • Double-spaced • 12 point Times New Roman Font • One inch margins • Single-sided printing.

Weekly submission procedure & deadline: ONE member of each group should submit an electronic version of the assignment to Professor Newman and Aronté by NOON on Monday.

*late assignments will not be accepted*

I. Assignments WILL BE judged on:

1. Integrating information discussed in lectures. 2. Choosing material and attaching elements to create an attractive package. 3. Coming up with a financial plan that makes sense from a potential profitability standpoint (could be a $100 million budget, could be $50,000 budget) 4. Employing a sensible approach to a business that doesn’t often make sense. 5. Ability to collaborate organizationally and identify the strength and weaknesses of team members. 6. Ability to adjust to curveballs. Responding to problems [from professor] with sound judgment and quick action. 7. Making a good film – one that was worth the grief and you could be proud of.

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II. Assignments WILL NOT be graded and judged on:

1. Things that would be impossible for anyone who is not deeply experienced and has been in the industry. 2. Obvious failings by member(s) of your team.

Week 3 At the end of week 3, the work that each team has submitted will be evaluated for “green- lighting”. If you don’t have a green-light after week 3, you’re going to have to go back and reconstitute the project.

Week 6

Week 6 will be fully devoted to 10 – 12 minute oral presentations of finished projects (in conjunction with written papers) (Questions from professor)

Each team’s final grade will include the professor’s judgment of the commercial and artistic potential of your projects, as well as the overall quality and effort of your weekly work. There will also be a “peer evaluation” component to the grading process.

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